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Child Custody

Omaha Child Custody Lawyer

Navigating Custody Disputes in Nebraska

Navigating the intricate legal terrain of child custody can be emotionally challenging and legally complex. At Burnett Wilson Law, we recognize the severity of these situations and are committed to providing steadfast legal support for our clients in Omaha. Our experienced team of family law attorneys understands that each custody case is unique, requiring personalized attention and a tailored approach.


Call Burnett Wilson Law today at (402) 810-8611 or contact us online to schedule a meeting with our child custody attorney in Omaha!


How Is Child Custody Decided in Nebraska?

Child custody determinations in Nebraska revolve around the best interests of the child. The court considers various factors to make decisions that positively impact the child's well-being. Understanding these factors is crucial for anyone navigating the legal landscape of child custody.

Nebraska follows a two-tiered approach to child custody: legal and physical. Legal custody grants a parent the authority to make significant decisions about the child's life, such as education, healthcare, and religion. Physical custody determines where the child will reside.

The court may opt for joint legal custody, sole legal custody, joint physical custody, or sole physical custody based on the case's specific circumstances. Joint custody arrangements aim to provide children with ongoing and meaningful contact with both parents when it is in their best interests.

When making custody decisions, the court considers:

  • The Child's Wishes: Depending on the child's age and maturity, the court may consider their preferences regarding custody
  • Relationship with Each Parent: The court assesses the child's relationship with each parent, including the willingness of each parent to foster a positive and healthy relationship between the child and the other parent.
  • History of Care: The court considers each parent's historical role in caring for the child, including day-to-day responsibilities and involvement in the child's activities.
  • Stability of Home Environment: The stability of each parent's home environment is critical, ensuring the child has a secure and supportive place to grow.

What are the Different Types of Custody?

Understanding the various types of custody is essential for anyone navigating a child custody dispute in Omaha.

Legal Custody:

  • Joint Legal Custody: Each parent is responsible for making major decisions for the child.
  • Sole Legal Custody: One parent can make major decisions for the child.

Physical Custody:

  • Joint Physical Custody: The child spends time with both parents.
  • Sole Physical Custody: The child primarily resides with one parent, and the other parent may have visitation rights.

Split Custody:

  • The court may split their custody between the parents if there are multiple children.

What Makes a Parent Unfit?

Determining parental fitness is a critical aspect of child custody cases. A parent may be deemed unfit if:

  • Abuse or Neglect: Any history of child abuse or neglect is a serious concern for the court.
  • Substance Abuse: Ongoing substance abuse issues can jeopardize a parent's ability to provide a stable and safe environment.
  • Mental Health Issues: Extreme mental health issues that impact a parent's ability to care for the child may be considered.
  • Criminal Activity: A history of criminal activity may impact custody decisions, especially if it poses a risk to the child.
  • Lack of Involvement: A pattern of disengagement or lack of involvement in the child's life may be considered.

Contact Our Omaha Child Custody Attorney Today

Child custody matters demand legal expertise, empathy, and a commitment to securing the best outcome for the child. At Burnett Wilson Law, our dedicated team of family law attorneys stands ready to guide you through the complexities of child custody cases in Omaha. We bring a wealth of experience and a personalized approach to each case, ensuring that your child's best interests are at the forefront of our legal strategy. 


Contact Burnett Wilson Law today to meet with our child custody lawyer in Omaha!


Families We've Helped

"They have a great legal team with the knowledge and experience in many different specialties of law."

- Former Client